Peachy Games Apps – Terms of Use

Last Revised: September 20, 2018.

The Terms of Use herein (“ Terms ”) govern the use of the mobile and tablet applications (“ Apps ”) made available to users (“ you ” or “ your ”) by Peachy Games LLC (“ Peachy Games ”, “ our ”, “ us ” or “ we ”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY OF THE APPS.

If you have not reached the age of majority in your jurisdiction, you must have a parent or legal guardian read and accept these Terms on your behalf and take full responsibility for compliance with these Terms.

By installing, downloading, accessing or otherwise using a Peachy Games App, you acknowledge that:

(1) You are at least 18 years of age or any older legal age required to form a contract in your jurisdiction;

(2) You have the right, authority and legal capacity to enter into this agreement;

(3) You have read, understood and agree to be bound by these Terms with respect to yourself and any minor child authorized by you.

If you or your parent/guardian do not agree to these Terms of Use, please do not install, access or otherwise use any of the Apps and promptly uninstall or erase all Peachy Games Apps from your device(s).

Your agreement with us regarding compliance with these Terms becomes effective immediately upon installing or otherwise using the Apps.

1. Your acknowledgement and acceptance of the Terms

   By using the Apps, you acknowledge that you have read, understood and agree to be bound by our Privacy Policy at http://www.peachygamesllc.com/privacy.htm and consent to the collection, disclosure and use of your information in accordance to our Privacy Policy.

   These Terms of Use, as amended from time to time at http://www.peachygamesllc.com/terms.htm and as incorporating our Privacy Policy at http://www.peachygamesllc.com/privacy.htm comprise a legal agreement between you and Peachy Games.

   Although we may attempt to notify you when major changes are made to these Terms, you acknowledge that it is your responsibility to review these Terms from time to time at http://www.peachygamesllc.com/terms.htm and to familiarize yourself with any changes. Any changes we make will be effective immediately upon our making such changes, and will apply to disputes arising under the Terms from the date of posting forward. Your continued use of the Apps after a change has been made to the Terms will signify your acceptance of the changes to the Terms. If you object to any such changes, your sole recourse will be to stop using the Apps.

   You may not use the Apps in any way that is for commercial purposes, is unlawful , or harms us or any other person or entity.

2. Privacy Policy

   Our collection, use and disclosure, if any, of information collected from you or a child authorized by you is explained in our Privacy Policy at http://www.peachygamesllc.com/privacy.htm , which is incorporated by reference and made a part of these Terms.

3. Apps Content, Ownership, Limited License and Rights of Others

   Content. Our Apps contain a variety of content including, but not limited to: (i) information, photographs, graphics, illustrations, characters, sounds, audio clips, text, data, files, images, scripts, designs, button icons, pictures, software, interactive features, the “look and feel” of the Apps, and any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, service marks, and/or trade identities Peachy Games; and (iii) other forms of intellectual property (all of the foregoing, collectively “ Content ”).

   Ownership. The Apps (including past, present and future versions), and the Content are owned and controlled by Peachy Games. All title, ownership rights and intellectual property rights in and to the Content available via the Apps is the property of Peachy Games, and is protected by U.S. and international copyright, trademark and/or intellectual property rights and laws to the fullest extent possible. Peachy Games owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Apps. You are only permitted to use the Content as expressly authorized by us, and only through the functionality of the Apps.

   Limited License. Provided that you fully comply with these Terms, we grant you a limited, non-exclusive, revocable, non-assignable, personal and non-transferable license to download, display, view, use and play the Content (excluding source and object code, other than as made available to access and use to enable display and functionality) on your mobile telephone, device or tablet that you own or control (“ Device ”) for your personal, non-commercial use only, and for no other purpose. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, the Apps (or any part thereof) or the Content (or any part thereof); and (ii) may be immediately suspended or terminated for any reason, in Peachy Games’ sole discretion, and without advance notice or liability.

   Rights of Others. When using the Apps, you must respect the intellectual property and other rights of Peachy Games and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Apps, then please see Section 10 below.

4. Reservation of All Rights Not Granted as to Content and Apps

   These Terms include only narrow, limited grants of rights to the Content within the functionality of the Apps and to use and access the Apps solely as permitted herein. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Peachy Games. Any unauthorized use of any Content or the Apps for any purpose is prohibited.

5. Restrictions

   You shall not and shall not permit, encourage or support any third party to do the following:

   (a) market, share, distribute, offer to sell, sell or otherwise make reproductions or copies of the Apps or Content in any way inconsistent with the rights of use provided by us herein;

   (b) engage in any activities through or in connection with the Apps that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, bullying, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Peachy Games;

   (c) reverse engineer, decompile, disassemble, reverse assemble, or modify any Apps source or object code or any software or other products, services, or processes accessible through any portion of the Apps;

   (d) engage in any activity that interferes with a user’s access to the Apps or the proper operation of the Apps, or otherwise causes harm to the Apps, Peachy Games, or other users of the Apps;

   (e) remove any applicable, relevant identification, copyright, trademark or other notices relating to the intellectual property or other property of Peachy Games;

   (f) amend, change, modify (including the creation of any derivative or other works) the Apps;

   (g) create code, software or other program that incorporates any elements of the Apps;

   (h) attempt to hack into, compromise or otherwise access the object or source code of the Apps for any purposes, personal or commercial;

   (i) interrupt or attempt to interrupt the operation of the Apps in any way;

   (j) take any action that imposes or may impose (as determined by Peachy Games in its sole discretion) an unreasonable or disproportionately large load on Peachy Games’ (or our Affiliates’ or third party providers’) infrastructure; and/or

   (k) infringe and/or violate any of the Terms.

6. Submission of ideas

   To the extent that you submit, via electronic mail or otherwise, any concepts, ideas, comments, feedback, or suggestions (collectively, the “Ideas”) for, by way of example and without limitation, any features or functionality for the Apps, you agree that such Ideas are non-confidential and non-proprietary, and we shall not be liable for the disclosure of such Ideas. You hereby grant and agree to grant Peachy Games, under all of your rights in the Ideas, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Ideas for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the Apps, or any Peachy Games product or service, without compensation or accounting to you and without further recourse by you.

7. Payments

   Some of the Apps may permit in-app purchases, even if such Apps were downloaded for free. Such in-app purchases may not require the re-entry of credit card information as such in-app purchases will be made through an existing account with a third party app store (for example, Apple App Store, Amazon Appstore, or Google Play Store). In-app purchases are subject to the payment terms and conditions of the app store from which you have made your purchase. You agree that you will provide accurate and complete payment information to the app store. You further agree to pay all fees and applicable taxes incurred by you, or by anyone using an account registered to you. We may revise the prices for the Apps at any time. All fees and charges are payable in accordance with payment terms in effect at the time when the fee or the charge becomes due and payable.

8. Access Fees

   You must provide at your own expense the device, Internet connection and service plans necessary to access and use the Apps. In addition, you hereby acknowledge and agree that you may be charged for Internet and data usage charges made through use of the Apps according to the applicable rates charged by your respective third party internet and data usage service provider. You acknowledge and agree that you are solely responsible for any costs, including Internet and data usage charges, you may incur to access the Apps.

9. Third party websites and information

   Certain links provided herein through advertisements or otherwise permit our users to leave our Apps and enter third party websites or services. These linked websites and services are not under Peachy Games’ control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites, nor are we responsible for errors or omissions in any references to other parties or their products and services. Your access to, use of and reliance upon any such websites, services and content and your dealings with such third parties are at your sole risk and expense. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the website or party by us, or any warranty of any kind, either expressed or implied.

10. Notification of Alleged Copyright Infringement

    If you believe in good faith that materials hosted by Peachy Games infringe your copyright, you (or your agent) may send us a written notification pursuant to the DMCA, by providing our DMCA Agent with the information listed below (and as further set forth in 17 U.S.C. § 512(c)(3)) and requesting that the material be removed or access to it blocked:

    1. Identification in sufficient detail of the copyrighted work that you claim has been infringed. If multiple copyrighted works on the Apps are covered by a single notification, you may provide a representative list of such works on the Apps, however, the representative list must still contain sufficient detail of the copyrighted works so that we can identify them;
    2. Identification of the URL or other specific location on the Apps that contains the material that you claim to be infringing your copyright. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material(s), so that we can comply with your request to remove or deny access to it/them;
    3. Your name, address, telephone number and email address (if available) to permit us to contact you, if necessary;
    4. The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
    5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. A statement that you swear under penalty of perjury that the information contained in your notification is accurate and that you are the copyright owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    You acknowledge that if you fail to comply with all of the requirements of this Section 10, your DMCA notice will not be valid.

    You must submit any notification of an alleged copyright infringement to our DMCA Agent by mail or email as set forth below:

    Peachy Games LLC
    816 Peace Portal Drive #17
    Blaine, WA 98230

    Email: peachygamesllc [at] gmail [dot] com with the subject line “Copyright Policy – DMCA Notification.”

    Please note that you may be liable for damages, including court costs and attorneys’ fees, if you materially misrepresent that materials on the Apps are infringing a copyright.

11. No Warranty; Limitation of Liability

    You expressly acknowledge and agree that use of the Apps is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable laws, the Apps and any services performed or provided by the Apps ("Services") are provided "as is" and “as available”, with all faults and without warranty of any kind, and Peachy Games hereby disclaims all warranties and conditions with respect to the Apps and any Services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. s does not warrant against interference with your enjoyment of the Apps, that the functions contained in, or Services performed or provided by, the Apps will meet your requirements, that the operation of the Apps or Services will be uninterrupted or error-free, or that defects in the Apps or Services will be corrected. No oral or written information or advice given by Peachy Games or its authorized representative shall create a warranty. Should the Apps or Services prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.

    In the event of any failure of the Apps to conform to any applicable warranty, if any, you may notify the app store from which you downloaded the Apps and such app store shall, if such option exist, refund the purchase price for the Apps to you, subject to the terms and conditions of each app store. To the maximum extent permitted by applicable law, the app stores will have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Peachy Games’ responsibility.

    To the extent permissible by law, you agree to release and hold harmless Peachy Games and its subsidiaries, affiliates, divisions, partners, licensors, representatives, agents, successors, assigns, employees, officers and directors (the "Released Parties"), from any and all liability, loss, harm, damage, injury, cost or expense whatsoever, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, property damage, personal injury (including emotional distress), and/or death, which may occur, in whole or in part, directly or indirectly, in connection with your use of the Apps, and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery, as well as for any damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Apps, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Peachy Games has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. The Released Parties assume no responsibility for any injury or damage to your or to any other person's device, regardless of how caused, relating to or resulting from downloading materials or software in connection with the Apps. You acknowledge that Peachy Games has neither made nor is in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to the Apps or any component thereof.

12. Indemnification

    You agree to defend, indemnify, and hold Peachy Games, its partners, affiliates, contractors, officers, directors, employees and agents harmless from all liabilities, claims, losses, costs and expenses, including attorney’s fees, that arise from (a) your use of, or activities in connection with the Apps, or those of any child authorized by you or (b) any violation of these Terms of Use by you or any child authorized by you.

13. Apps Termination, Suspension and Changes

    Peachy Games reserves the right to terminate, suspend, or change any service or feature of the Apps at any time, for any reason or no reason, with or without notice to you. You agree that Peachy Games shall not be liable for any loss or damage caused, directly or indirectly, by any such termination, suspension, or change and may lose access to the Apps and shall have no right to any refund of any monies paid for the App.

14. Survivability of Terms

    The Terms of Use set forth herein continue to remain in full force and effect until such time as terminated by either party. You retain full discretion to end or terminate and discontinue use of the Apps at any time, pursuant to the terms of this Terms of Use. The provisions of Sections 1 through 9, 11 through 20 shall survive any termination of this Terms of Use.

15. Assignment

    Peachy Games may assign these Terms of Use, in whole or in part, at any time. You acknowledge that you may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without Peachy Games’ express prior written consent.

16. Governing Law

    The Apps are governed by the laws of the United States of America. Your use of the Apps may be also be subject to other local, state, national, or international laws.

17. Dispute Resolution

    A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings. You and Peachy Games agree that any cause of action arising out of or related to the Apps shall be heard under Washington State law and must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

    You hereby specifically acknowledge, agree and consent that you waive your right to a trial, by jury or otherwise, and that you agree that any suit, action, proceeding, dispute, controversy or claim (“Dispute”) arising out of or relating to this Terms of Use or any of the transactions contemplated herein or related to the Apps will be dealt with in accordance with the following procedures. All parties shall first attempt to negotiate all Disputes informally for at least thirty (30) days before initiating any arbitration. Such informal negotiations shall commence following the receipt of a notice in writing by one of the parties sent to the other. Peachy Games will send its notice to your billing address, if provided, and email you a copy to the email address you have provided to us, if any. You may send any notice to Peachy Games to the address listed below.

    If the Dispute is not resolved through informal negotiations the Dispute shall be finally and exclusively resolved by binding arbitration before a sole arbitrator. Such Dispute shall be arbitrated within thirty (30) days of the appointment of the arbitrator, unless the parties agree otherwise in writing. The arbitration shall take place in the State of Washington using the English language in accordance with the Commercial Arbitration Rules and Procedures of the American Arbitration Association (“AAA”) then in effect, by one arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of AAA arbitrators. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by an arbitrator rather than a court. The prevailing party in any arbitration or other proceeding arising under these Terms of Use shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Use of the Apps is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.

    The parties agree that any arbitration shall be limited to the Dispute between you and Peachy Games individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis and you agree to no class action as set forth below; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

    No Class Action Matters. YOU AND PEACHY GAMES AGREE THAT WITH RESPECT TO ARBITRATION DISPUTES EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. All Disputes will be heard or arbitrated only on an individual basis and will not be joined or consolidated with any other claims or arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that the restriction set forth in this Section is unconscionable or unenforceable, then our agreement to arbitrate will not apply and the Dispute must be brought exclusively in the courts located within the State of Washington. Notwithstanding any other provision herein, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained in this “No Class Action Matters” section, are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.

18. Entire Agreement

    These Terms, together with our Privacy Policy, shall constitute the entire agreement between you and us in relation to your use of our Apps, and shall supersede all previous agreements between you and us in relation to your use of the Apps.

19. Severability

    If for any reason any part of these Terms of Use is found to be unenforceable or invalid, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Use shall continue in full force and effect.

20. Miscellaneous

    Nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Apps or information provided to or gathered by Peachy Games’ with respect to such use. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. Peachy Games’ failure to enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

21. Contact Information

    If you have any questions, please email us at peachygamesllc [at] gmail [dot] com or write to us at:

    Peachy Games LLC
    816 Peace Portal Drive #17
    Blaine, WA 98230 USA.